Bill Text: NY A00363 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to certain requirements for economic development grant recipients; requires the submission of enumerated information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-30 - enacting clause stricken [A00363 Detail]

Download: New_York-2023-A00363-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           363

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 6, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Economic Development

        AN ACT to amend the economic development law and the state finance  law,
          in  relation  to certain requirements for and restrictions on economic
          development grant recipients

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be  known and may be cited as the "jobs
     2  protection act".
     3    § 2. Subdivision 19 of section 100 of the economic development law  is
     4  amended by adding a new paragraph (c) to read as follows:
     5    (c)  to  adopt  regulations in accordance with section eleven-a of the
     6  state finance law, to establish the terms and conditions  of  repayment,
     7  including  specifying  the  conditions  under  which  repayment  may  be
     8  deferred, following a determination by the commission  of  a  legitimate
     9  hardship.
    10    §  3. The state finance law is amended by adding a new section 11-a to
    11  read as follows:
    12    § 11-a. Requirements for economic development grant  recipients.    1.
    13  Any  person  or  business  organization  that receives an award or grant
    14  through any economic development program, where such award or grant also
    15  requires the creation of jobs, shall not reduce the number of  employees
    16  who  were  employed within the state at the time such person or business
    17  organization accepted the financial  assistance  for  five  years  after
    18  receiving  such  assistance  or  during  the term of the award or grant,
    19  whichever is longer, unless the full amount of assistance is  repaid  to
    20  the  state  and  a penalty equal to five percent of the total assistance
    21  received is paid to the state. As used in this section, the term  "busi-
    22  ness" shall include any division of a business or subsidiary institution
    23  controlled, directly or indirectly, by another institution.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01593-01-3
        A. 363                              2

     1    2.  The  commissioner  of  economic development shall consult with the
     2  commissioner of the department of environmental conservation  to  deter-
     3  mine  whether  an  applicant  for an economic development grant has been
     4  found to be in violation of  any  laws,  rules  or  regulations  of  the
     5  department.
     6    3. No applicant shall be awarded an economic development grant if such
     7  applicant  has  been fined more than ten thousand dollars, in the aggre-
     8  gate, for violations by the  occupational  safety  and  health  adminis-
     9  tration within the ten years preceding the time of application.
    10    4.  Applicants  for  economic  development  grants  shall  provide the
    11  following information in connection with any application: (a) number and
    12  types of full-time and part-time employees of the applicant  and  median
    13  annual wage and benefit levels by job classification; (b) if applicable,
    14  the  number and types of full-time and part-time jobs originally commit-
    15  ted, as per agreement with award requirements, and  median  annual  wage
    16  and  benefit  levels  by job classification; (c) number of full-time and
    17  part-time jobs retained to date; (d) number of full-time  and  part-time
    18  temporary  construction jobs created by applicant to date; (e) number of
    19  full-time and part-time non-construction jobs created  by  applicant  to
    20  date; (f) median annual wage and benefit levels by job classification of
    21  full-time  and part-time, construction and non-construction jobs created
    22  and retained to date; (g) actual date of hire for construction and  non-
    23  construction  jobs;  (h)(1)  number and percent of total jobs created to
    24  date of New York residents, separated by construction and  non-construc-
    25  tion  employees; (2) number and percent of total jobs created to date of
    26  local residents, defined  as  those  residing  within  the  metropolitan
    27  statistical  area (MSA), micropolitan statistical area (MiSA), or county
    28  not within an MSA or MiSA, in  which  a  project  occurs,  separated  by
    29  construction  and non-construction employees; (i) recipient use of union
    30  construction apprenticeship programs or any other local workforce devel-
    31  opment program, original and to date; (j) whether or not  the  applicant
    32  complied  with  each aspect of the state smart growth public infrastruc-
    33  ture policy act; (k) the benchmarks for the current reporting year;  (l)
    34  whether  or  not  the  applicant  has met each benchmark and if not, the
    35  financial assistance amount the state has recaptured during the  current
    36  year  and  to date; and (m) whether the application has a subsidy recap-
    37  ture provision.
    38    § 4. This act shall take effect immediately.